CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ TOWARD A REGIME FOR CIVIL LIABILITY FOR NUCLEAR DAMAGE IN THE ISLAMIC… that the option to make reservation to specific provisions in the case of joining the Vienna Convention be considered. In this study, the initial focus is on the optimal course of action for Iran to harmonise with international laws and those of neighbouring countries to cover nuclear damage compensation within the global framework. She subsequently described the nuclear status of Iran and its neighbouring countries, followed by an analysis of the civil liability law stemming from nuclear damages within Iran. The aim is to understand how Iranian laws would address compensation in the event of a potential nuclear incident. Another critical aspect requiring scrutiny is the challenges and opportunities for Iran to adhere to these international treaties, as well as the necessary amendments in Iran’s legislation in this regard. Ultimately, the implications of Iran’s adherence to pertinent international treaties are explored. 2. The International Framework of Civil Liability for Nuclear Damage The United Nations, through its agencies such as the International Law Commission (ILC) and the International Atomic Energy Agency (IAEA), engages in the examination and formulation of international standards and laws pertaining to nuclear issues. These organisations play a pivotal role in determining and expanding civil liability laws concerning nuclear hazards. They promote international cooperation to establish common standards and facilitate the alignment of national laws with international standards. Numerous liability instruments have emerged due to the transboundary nature of nuclear accidents, especially with the risk of offsite radioactive releases, and the Fukushima accident reignited discussions surrounding nuclear liability. 5 2.1 Key International Conventions on Civil Liability for Nuclear Damage Civil liability conventions establish fundamental principles for nuclear damage compensation, aiming to harmonise domestic laws among participating countries. They encourage nations to achieve international objectives like eliminating discrimination among victims and urging claimants in countries with diverse laws to resolve disputes based on similar legal frameworks, irrespective of the incident’s location. 6 Among the international conventions in our discussion, the most important ones are the Paris Convention Concerning Third Party Liability in Nuclear Energy, the Vienna Convention on Civil Liability for Nuclear Damage, and the Convention on Supplementary Compensation for Nuclear Damage. The Paris Convention Concerning Third Party Liability in Nuclear Energy of 1960 was the pioneering international treaty targeting liability and compensation within the nuclear industry. This should be understood in conjunction with the Brussels Supplementary Convention. Today, the countries of Western Europe are part of a liability regime, as established by the Revised Paris Convention and the Revised Brussels Supplementary Convention. With respect to this article, one must consider that Iran cannot participate in these agreements due to its geographic limitation to Western Europe. 7 5 IFTAKHAR, N. ‘International Nuclear Law: A Case Study of Pakistan’ (2018) 38 Strategic Studies 88 accessed 8 June 2024. 6 SHAMSHIRI, A. and FARAHANI, F. A. (n 3) 68. 7 SEIFI, M. ‘International Legal Obligations in the Nuclear Energy Arena: A Strategy Paper on Iranian Compliance’ (2010) 21 King’s Law Journal 99 accessed 8 June 2024.

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